1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TIMOTHY L. MCCANDLESS, ESQ. SBN 147715 LAW OFFICES OF TIMOTHY L. MCCANDLESS 1881 Business Center Drive, Ste. 9A San Bernardino, CA 92408 Tel: 909/890-9192 Fax: 909/382-9956 Attorney for Plaintiff (s) ERIC SHOCKLEY and CHARLES FETTERS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA ERIC SHOCKLEY and CHARLES FETTERS, Plaintiff, V. Case No.: C11-00865 CERTIFICATE RE EX PARTE RE TEMPORARY RESTRAINING ORDER AND INJUNCTION filed concurrently with DECLARATIONS OF PLAINTIFFS

NDEX WEST LLC, LLC; CHASE HOME DATE: 5/11/11 FINANCE LLC; LIME FINANCIAL TIME: 1:30 p.m. SERVICES LTD., a corporation; DEPT: 60 MORTGAGE ELECTRONIC REGISTRATION SYTEMS; JP MORGAN CHASE BANK N.A. As Attorney in Fact for U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006HE3;LONG BEACH MORTGAGE COMPANY; NEW CENTURY TITLE COMPANY; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST INC., ASSET-BACKED PASS THROUGH CERTIFICATES, SERIES 2006-HE3 and DOES 1 through 50 inclusive, and DOES 1 through XX inclusive Defendants.

1 of 3 _____________________________________________________________________________
CERTIFICATE RE EX PARTE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Bernie Kimmerle., declare: 1. I am employed by the law offices of Timothy L. McCandless, who is attorney of record for Plaintiffs ERIC SHOCKLEY AND CHARLES FETTERS, have a personal knowledge of the facts contained herein, could and would competently testify thereto if called upon to do so. 2. On May 9, 2011, at 1:06 p.m., I placed a telephone and spoke with India, BANK OF AMERICA, N.A., HSBC MORTGAGE SERVICES, c/o CT CORPORATION SYSTEM, agent of Service for the above entities. 818 W. 7th Street Los Angeles, CA 90017 Tel: 213/627-8252 Fax: 213/614-8632 3. On May 9, 2011, at 1:15 p.m., I placed a telephone call to counsel for CITIGROUP GLOBAL MARKETS REALTY CORP.; and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC and spoke with Mariel A. Gerlt. Alvardo Smith 1 MacArthur Place, Ste. 200 Santa Ana, CA 92707 714/852-6800 Fax: 714/852-6899 4. On May 9, 2011, at 1:37 p..m., I placed a telephone call to NDEX WEST LLC [substituted Trustee for MERS (nominee for LIME FINANCIAL) and NEW CENTURY] 15000 Survey Blvd., Ste. 500 Addison, TX 75001 Tel: 866/795-1852; Fax: 972/661-7800 I spoke Lewis with NDEX who accepted the ex parte notice. He requested that we fax the order after the hearing. 5. On May 9, 2011 at 1:45 p.m., I placed a telephone call to ALEXANDER ZAN HAMILTON dba Eagle Home Mortgage 5885 Meadows Road Lake Oswego, OR 10567 Tel: 425/732-2092; Fax: 425/732-2096 There was no answer whatsoever. I tried faxing the documents but there was no answer on their fax machine. IRINA PETROVINA; ZORAN TRANOVICY, President of Ameritech and
2 of 3 _____________________________________________________________________________
CERTIFICATE RE EX PARTE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Chairman of Ameritech, respectively. 2700 Ygnacio Valley Road, 280 IWalnut Creek, CA 94598 Tel: 925/588-3700; Tel: 925/946-9922 The telephone numbers have been disconnected. I searched the Internet, Yellow Pages and 411 directory. AMERITECH MORTGAGE INC. 2700 Ygnacio Valley Road, 280 Walnut Creek, CA 94598 Tel: 925/588-3700; Tel: 925/946-9922 The telephone numbers have been disconnected. I searched the Internet, Yellow Pages And 411 directory. We are still attempting to determine where to locate Irina Petrovina, Zorn Tranovicy and Ameritech Mortgage. Their offices are clowsed. I informed the above parties that the ex parte hearing will be heard at on May 11, 2011 at 1:30 p.m., in Department 60 of the CONTRA COSTA SUPERIOR COURT located at 725 Court Street, Martinez, CA 94553. None of them indicated whether or not they were going to oppose this ex parte application. I make the foregoing declaration under penalty of perjury pursuant to the laws of the State of California and do affix my signature here this 9th day of May, 2011, in San Bernardino, California.

By _____________________________ Bernie Kimmerle of: The Law Office of Timothy L. McCandless, Esq.

3 of 3 _____________________________________________________________________________
CERTIFICATE RE EX PARTE